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• What is Law?

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• With out law what happens?
• Whether all countries have same or similar
law?
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• Why same law or similar law or otherwise?
• What is rule of Law?
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• Without laws it is chaos. Behavior of people

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cannot be predicted.
• Might becomes Right

.S
• No orderliness
• Life will be miserable because of uncertainty
• Development is not possible
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• Many more complications to be imagined

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• Law is a set of rules which are intended to

.I.
regulate the relations between people living in
a state in the present day.

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• It is to regulate relations between groups of
people living in a particular territory.
• It is standardized set of rules
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• May be equally applicable to all or may not
be.( To bring about equality some protection
may be necessary.)
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• Whether all countries can have same or

.I.
similar law?
• No. law is closely related to culture and

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history and the vision for the given country.
• Hence variations in law from country to
country and different provinces in the same
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country-federal state is a great example

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• What is rule of Law?

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• It means there is a standard Law applicable to
every body living in a defined territory

.S
• All people living in that territory are equally
bound by that law
• It is rule of law and not persons
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• No body is above law

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• There will be mechanisms or institutions to

.I.
implement this law and clarify what is this law
• In India it is the Constitutional courts

.S
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Legal systems- grouping of different countries Laws

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• Each Country has its own laws peculiar to their

.I.
History, culture and vision for their country.
• It is difficult to know every county’s law.

.S
Hence grouping or classification..
• Broadly they are classified as legal systems of
the world
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 Legal systems of the world

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• Common law system

.I.
• Continental legal system
• Socialist system-Russian model-Marxian

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philosophy
• Chinese system-
• Middle east or Islamic law-based on religion
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• Personal laws- based on religion

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 Which system of law is better?

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• The one where there is no control one person but

.I.
everyone is subjected to control of law.
• The system where there are checks and balances
• There has to be a culture to honor the laws

.S
• An efficient system of enforcement
• Strong sense of citizenship
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• Law which provides for smooth changes
• A proper blend of rigidity and flexibility

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 What is Law –how to define law?

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(In the Indian context)
1. Law is a command laid by a political sovereign

.I.
and it is enforceable by sanction -Positive Law
• This definition is more concerned with the
process of law making than the content

.S
• Adopting this to the present day – law is
expression of the will of the State through the
medium of legislature
• To Austin, political Sovereign is any person or
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body of persons to whom the bulk of political
society habitually obeys and does not himself
obey some other person or persons
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• What about customs, contracts, international

.I.
law, Common law,etc which is being fallowed
by nation states?

.S
• Positivists answer this question-these are laws
impliedly endorsed by the sovereign
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2. Law is dictate of reason- Natural Law

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• Law consists of rules in accordance with
reason and common sense which are based
on human nature

.S
• Law has to confirm to the principles of justice
and morality
• Man has certain basic requirements-live as a
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human being and realize the full potential
bestowed on him by nature
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• To meet these requirements rules/law is made

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• If the law made is against human nature it is
bad law

.S
• Law should facilitate the development of full
potential of a human being
• The potential bestowed on the human being
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by the nature

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3. Law as a practice of Courts- Legal realism

.I.
• All laws however made are recognized and
administered by the Courts

.S
• Here the Sovereign is the Court-it is for the
courts to say what is the meaning of law
• Courts put life in to the dead letter of law
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• Life of law has not been logic but experience

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• All the above theories of law are agreeing on

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one point that law consists of a set of rules
• Rules are regarded by the positive law as
command of the Sovereign

reason
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• Rules are regarded by Natural law as dictate of

• Rules are regarded by legal realism as a

practice of Courts
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• All the theories put together explain the
source, content and reality of what law is
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 Sources of Law

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1. Constitution including amendments

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2. Legislation-Statues or Acts-union list; state list; Concurrent
list
3. Delegated legislation-Rules made under a statute; rules
made by an association, Rules made by a Company

.S
4. Case law or Precedent-Article 141 of the Constitution law
laid down by the S.C is law of the land
5. Contracts
6. International Law
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7. Customary practices

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